Fort Walton Beach Resolution — 2020-04--FDOT Sub Agree--Brooks Bridge Replacement — reading text

Julian Lorent City of Fort Walton OR 3213 Utility Easement 07/222016 Beach, Florida PG 3968 The City shall have the right to relocate Its facilities within the FDOT right of way and the right to receive reimbursement from the FDOT for the relocation. Subsequent to the relocation, the City shall have the right to operate and maintain its facilities within the FDOT right of way, subject to the provisions of the permit and the Ultllty Accommodation Manuel. However, any new construction or relocation, subsequent to the first relocation, shell be subject to the approval of the FOOT. (Approval stall not be withheld or delayed unreasonably.) If the FDOT does not allow the first relocation of the facilities within the right of way or should the FDOT require any subsequent relocation of the facilities, the FDOT agrees to pay the cost of such relocation, Including the cost of acquiring arty neoessary easements. All work performed and facilities located within the right of way by the City, and all payments and reimbursements by the FDOT to the City, shall be to accordance with the FDOT' s construction plans for the project and the rules, procedures, and Utility Accommodation Manual, which are In effect at the time this agreement is executed by the City. Notwithstanding the terns of this subordination agreement, the terms of the utillty permits shall supersede any conflicting provisions, with the exception of the terms providing for reimbursement rights. The City shall have the right to enter upon the right of way for the purposes stated in Paragraph 2. Maintenance of the facilities shall Include the right to trim trees, brush, and growth, which might adversely affect the fadBtles, provided there are no adverse effects on the operation and safety of the FDOT s teciiHtas. Subject to the provisions of Paragraph 2 above, the City agrees to repair any damages to the FDOT facilities resuritng from the act or omission of the City. BK: 3483 PG: 2815 IN WITNESS WHEREOF, the FDOT hereto has executed this agreement on the day and year first above wrttten. Slgned, sealed and dellvered STATE OF FLORIDPPA DEPARTMENT In resence of wit ses: OF TRANSWRTAT4DN r By: Krlsy G Phillip Gainer, P. E. Title: District Secretary I I Pt- H A for District 3 erbre Oettis STATE OF FLORIDA COUNTY OF WASHINGTON The foregoing instrumml was a wledgedi pefo me, by means o4 physical presence or online notarization, thi day o 20y Phillip Gainer, as Secretary for District 3, who is personally known to me or who has p duced es I rttrfication. LYNDSEY LOVE Commission # GG 261357 NotaryWPub6., and for the County and State last aforesaid. Ex* es September 23, 2022 My Commission Expires: i' 8aWd71w7MFain ihu ancetWUS-7019 Serial No., H any: IN WITNESS WHEREOF, the City has caused these presents to be executed in Its name by its City Council acting by the Mayor of said Council, the day and year aforesaid. ATTEST: City of Fort Walton Beach M. Barnes, Richard A. Rynearson, STATE OF FLORIDA COUNTY OAr5v-c'. q The foregoing Instrument was acknowledged before me, by means of ©' physical presence ar vho is Or O online notarization, this„day of j"& f— , 2t$ pb1t a:sidenIIfi on, personally known to me or who has produced : Notary Public in and for the County and State last aforesaid. My Commission Expires: Serial No., if any: Public State nr FbnCa Y Laraine Van E Comm uwn GG 1 86370 Erptres OW3v2022  12.00 FILE #3382093 RCD: 8/ 13/ 2020 4: 30; 4, BK: 3483 PG: 2816, RECORDING: $ 15.00 RECORDING ARTICLE V: $ DEPUTY CLERK TWILCOX r FLORIDA . JD PEACOCK II CLERK OF COURM, OKALOOSA COUNTY, 23- UTL. 04- 03103 November 27, 2019 This instrument prepared by, or under the direction of, Shad Redmon Department of Transportation P. 0. Box 607 Chipley, FL 32428 Legal description approved by: Wilson Dilmore Parcel 119. 2 Item/ Segment No. 4154742 Managing District 3 S. R. No. 30 ( US 98) County Okaloosa SUBORDINATION OF CITY UTILITY INTERESTS THIS AGREEMENT is entered into on t(' , 2_ , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATI N ( FDOT) whose address is Post Office Box 607, Chipley, Florida 32428, and CITY OF FORT WALTON BEACH, FLORIDA (City). WITNESSETH: WHEREAS, the City presently has an interest in land that is necessary for highway purposes and the City has facilities located on the land. WHEREAS, the proposed use of the land for highway purposes will require subordination by the City to the FDOT of the interest claimed in the land. WHEREAS, the FDOT is willing to pay to have the City's facilities relocated, if necessary to prevent conflict with the facilities on the FDOT' s Project No 4154742. THEREFORE, in consideration of the mutual covenants and promises of the parties. the City and the FDOT agree as follows: The City subordinates to FDOT, its successors or assigns, its interest in the following described land: POND 1 ( PART) COMMENCING AT THE NORTHWEST CORNER OF SECTION 24, TOWNSHIP 2 SOUTH. RANGE 24 WEST, OKALOOSA COUNTY, FLORIDA, PROCEED EASTERLY ALONG SECTION LINE 3324. 07 FEET, THENCE 182 DEGREES 49 MINUTES 50 SECONDS NGAZ ( NAD27 GRID AZIMUTH MEASURED CLOCKWISE FROM NORTH EQUALS ZERO) A DISTANCE OF 617. 07 FEET ALONG EAST LINE OF BUCKS ADDITION TO NORTH CURB LINE OF BROOKS STREET; THENCE 94 DEGREES 40 MINUTES 58 SECONDS NGAZ 150.06 FEET ALONG CURB TO THE POINT OF BEGINNING; THENCE EASTERLY 82. 01 FEET ALONG CURB BEING A 387. 80 FOOT RADIUS DEFLECTING LEFT WITH A CHORD 87 DEGREES 09 MINUTES 37 SECONDS NGAZ 81. 86 FEET; THENCE 14. 31 FEET ALONG CURB BEING 30.00 FOOT RADIUS CURVE DEFLECTING LEFT WITH CHORD 70 DEGREES 43 MINUTES 01 SECONDS NGAZ 14. 17 FEET; THENCE 02 DEGREES 35 MINUTES 23 SECONDS AZ 40.39 FEET ALONG WEST SIDE OF 16 FOOT ALLEY SHOWN IN PLAT OF GREATER CAMP WALTON, THENCE 102.74 FEET ALONG STATE ROAD 30 BEING A 1399.69 FOOT RADIUS DEFLECTING LEFT WITH CHORD 301 DEGREES 08 MINUTES 16 SECONDS NGAZ 102.72 FEET; THENCE 185 DEGREES 03 MINUTES 17 SECONDS NGAZ 102. 60 FEET TO THE POINT OF BEGINNING. Containing 6, 850 square feet, more or less. The interest of the City being subordinated includes, but is not necessarily limited to, the I 0 Do 1--- /( BK: 3483 PG: 2817 interest created by the following described document: